Mother Of Rozier Sues City, Myhre

The mother of the man Orlando police Officer Curt Myhre shot and killed in January sued Myhre and the city of Orlando in federal court Thursday, charging that they violated her son's civil rights.

''The reason I waited to file was to see if justice would be done,'' said Brenda Rozier. ''But I knew from the jump start there wasn't going to be justice. There wasn't. I hope when this goes to court a jury will see the facts.''

The suit asks for compensatory damages against the city and compensatory and punitive damages against Myhre. No specific amount is mentioned. David Lipman, Rozier's attorney, would not say how much he will seek.

Myhre, 28, shot Keith Rozier during a chase through a northwest Orlando apartment complex. Another man, Patrick Trice, told police that Rozier, 21, was one of three people to rob him at gunpoint.

According to police and witnesses, Rozier resisted arrest and ran from officers. After the shooting, police determined Trice's story was false and charged him with perjury.

Orange County Judge George Sprinkel ruled last week after a public inquest that Myhre was justified under state law in shooting Rozier.

In the lawsuit, Lipman contends the city has policies of ''authorizing its police force to use excessive force in the apprehension of suspects, inadequately selecting, supervising, and training its police force in the investigation and apprehension of suspects,'' and ''inadequately supervising and training its police force in the use of firearms.''

Recent U.S. Supreme Court rulings in civil lawsuits against police departments and cities have held that in order to prove a violation of civil rights, plaintiffs must show the department's policies were so lax that all officers were inappropriately trained, not just the officer in question.

Lipman said the city's policies would be ''one focus'' of the lawsuit. He declined to be more specific about how the city's policies led to Rozier's death.

The lawsuit also contends ''at no time prior to the shooting did Keith Rozier engage in any behavior which would serve to provoke or to justify his shooting . . .''

''Myhre did not have probable cause to believe that Keith Rozier posed a significant threat of death or serious physical injury to the officer or to others,'' the suit says.

''They didn't know he was a felon,'' Mrs. Rozier said. ''They shouldn't be allowed to shoot at anyone if they don't know who you are.''

Mrs. Rozier said she supports efforts by state Rep. Alzo Reddick, D- Orlando, to make the state's fleeing-felon law more restrictive. She said Myhre should be fired. He returned to light duty this week until an internal investigation is complete.

City and police officials would not comment on the suit. Once the city is served with the suit, attorneys will have about a month to file a written response.